Getting Mixed Up in Motions to Compel Text Messages Without Showing There is Missing ESI
Parties challenging a discovery production need more than a “feeling” ESI was not produced.
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Category: eDiscovery
Tales of Late Productions and Remedies
Document review can be a complex process with high risk of extensive motion practice if there is a mistake. Way back in my days in law school, document productions were not discussed in Civil Procedure. However, just as understanding personal jurisdiction, service of process, and venue, are the nuts of[…]
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Identifying Logical Document Breaks in Discovery Order
There are many businesses where individuals print “documents” as paper. These printed documents often are scanned as a PDFs during discovery. It is a big “no-no” to produce PDFs with thousands of pages of scanned images. Judges have ruled that producing ESI documents as massive PDFs [without bates numbers to[…]
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Precision Search Terms in Discovery
US Magistrate Judge Sarah Cave entered the fray on a dispute over search terms in a lawsuit with allegations of targeting employees to join a competitor exchanged proposed search terms to identify relevant information after discovery requests had been propounded. As one can expect when there is a motion to[…]
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Bliss is Using Technology Assisted Review without Court Permission
There are lawyers who do not trust, do not understand, or do not want to learn how to use Technology Assisted Review (lovingly known as TAR), in discovery. TAR is a sticky definition, because TAR can be “predictive coding,” or “machine learning,” or “email threading,” or “clustering,” or any other[…]
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Interview on Coverage Counsel Is In
I sat down with attorney Bob Sallander to discuss eDiscovery challenges and strategies for his podcast Coverage Counsel Is In. Check it out below and subscribe on Spotify.
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Neutral Third Party Hosted Repositories for Mediation
Cloud hosted repositories can be very effective in controlling eDiscovery costs. Data can be hosted and access shared to the litigants to review specific data. Permissions can be devised so neither side can see the work product of the other, only the data. The California Court of Appeal weighed in[…]
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Don’t Ignore the Plain Text of Rule 26(a)
The drafters of the Federal Rules of Civil Procedure did not add words as filler for Rule 26(a)(1). Litigants are required to disclose “the name and, if known, the address and telephone number of each individual likely to have discoverable information.” Furthermore, parties must provide copies or descriptions of “all[…]
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Limiting Undue Burden with Wildcard Searches
Records management can be extremely complex. So can the preservation of evidence and responding to discovery requests. In a case involving Fair Credit Report Act claims, Equifax objected to discovery requests for consumer dispute information. The Producing Party claimed that the requested information was not in a “readily accessible format,[…]
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Happy 10 Year Anniversary!
Bow Tie Law first went live on December 30, 2008. I want to thank everyone who has been a steadfast reader and friend over the last 10 years. I wanted to share the “origin story” of the blog on its anniversary. I first started wearing bow ties in January 2007.[…]
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